BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON APPROPRIATIONS
                             Senator Ricardo Lara, Chair
                            2015 - 2016  Regular  Session

          AB 1678 (Santiago) - Provision of incident reports to victims
          
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          |Version: February 25, 2016      |Policy Vote: PUB. S. 7 - 0      |
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          |Urgency: No                     |Mandate: Yes                    |
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          |Hearing Date: August 11, 2016   |Consultant: Jolie Onodera       |
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          *********** ANALYSIS ADDENDUM - SUSPENSE FILE ***********
             The following information is revised to reflect amendments 
                     adopted by the committee on August 11, 2016






          Bill  
          Summary:  AB 1678 would require state and local law enforcement  
          agencies to provide upon request, without charge, and within  
          specified timeframes, one copy of all incident reports and face  
          sheets to a victim, or a victim's representative, for the crimes  
          of sexual assault, stalking, human trafficking, and elder or  
          dependent adult abuse.


          Fiscal  
          Impact:  
            Incident reports  :  Potentially significant, likely  
            non-reimbursable local costs (Local Funds) for local law  
            enforcement agencies to provide incident reports for the  







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            specified crimes within the specified time periods. With  
            regard to the preparation of incident reports for the  
            specified crimes, the CSM previously disagreed that an  
            "implied mandate" was created by the statute to prepare  
            incident reports via the requirement to provide copies of such  
            reports within specified timeframes. Apart from preparation,  
            the provision of face sheets and incident reports for these  
            crimes would not appear to create a reimbursable state  
            mandate, as disclosure of this information to a victim or  
            his/her authorized representative is currently required under  
            the California Public Records Act. 
            Lost fee revenues  :  Potential reduction in fee revenues (Local  
            Funds) to counties that currently charge fees for face  
            sheet/incident report requests. DOJ has indicated over 16,000  
            arrests for the specified offenses in each of the past three  
            years. The number of future requests for face sheets/incident  
            reports is unknown. As a result, the potential lost revenue to  
            local law enforcement agencies cannot be estimated with  
            certainty and would be dependent on the volume of requests  
            submitted to each local agency and the associated fee charged  
            by that agency, if any.
            State agencies  :  Likely minor impact to the California Highway  
            Patrol (CHP) and the Department of Corrections and  
            Rehabilitation (CDCR) to the extent the provisions of the bill  
            relate to report requests made pursuant to acquiring a  
            restraining order.


          Author  
          Amendments:  To address the potential state-reimbursable mandate  
          imposed on local law enforcement agencies to retain copies of  
          incident reports and face sheets for five years, the author  
          amendments provide that the section applies to requests for  
          sexual assault, stalking, human trafficking, or abuse of an  
          elder or dependent adult face sheets or incident reports made  
          within two years from the date of completion of the incident  
          report.


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